Section 13265 Of Article 4. Waste Discharge Requirements From California Water Code >> Division 7. >> Chapter 4. >> Article 4.
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. (a) Any person discharging waste in violation of Section
13264, after such violation has been called to his attention in
writing by the regional board, is guilty of a misdemeanor and may be
liable civilly in accordance with subdivision (b). Each day of such
discharge shall constitute a separate offense.
(b) (1) Civil liability may be administratively imposed by a
regional board in accordance with Article 2.5 (commencing with
Section 13323) of Chapter 5 for a violation of subdivision (a) in an
amount which shall not exceed one thousand dollars ($1,000) for each
day in which the violation occurs.
(2) Civil liability may be imposed by the superior court in
accordance with Articles 5 (commencing with Section 13350) and 6
(commencing with Section 13360) of Chapter 5 for a violation of
subdivision (a) in an amount which shall not exceed five thousand
dollars ($5,000) for each day in which the violation occurs.
(c) Any person discharging hazardous waste, as defined in Section
25117 of the Health and Safety Code, in violation of Section 13264 is
guilty of a misdemeanor and may be liable civilly in accordance with
subdivision (d). That liability shall not be imposed if the
discharger is not negligent and immediately files a report of the
discharge with the board, or if the regional board determines that
the violation of Section 13264 was insubstantial.
This subdivision shall not be applicable to any waste discharge
which is subject to Chapter 5.5 (commencing with Section 13370).
(d) (1) Civil liability may be administratively imposed by a
regional board in accordance with Article 2.5 (commencing with
Section 13323) of Chapter 5 for a violation of subdivision (c) in an
amount which shall not exceed five thousand dollars ($5,000) for each
day in which the violation occurs.
(2) Civil liability may be imposed by the superior court in
accordance with Articles 5 (commencing with Section 13350) and 6
(commencing with Section 13360) of Chapter 5 for a violation of
subdivision (c) in an amount which shall not exceed twenty-five
thousand dollars ($25,000) for each day in which the violation
occurs.